# Pipeline Safety Interpretation PI-93-067

- **operation:** document
- **citation:** PI-93-067
- **title:** Pipeline Safety Interpretation PI-93-067
- **source type:** guidance
- **agency:** Pipeline and Hazardous Materials Safety Administration
- **status:** guidance
- **official:** true
- **published on:** 1993-12-30
- **effective on:** Not available
- **summary:** PI-93-067 concerning 199.3.
- **machine formats:** - **json:** https://regulus.evalyn.ai/document/phmsa-interpretation-pi-93-067.json
- **markdown:** https://regulus.evalyn.ai/document/phmsa-interpretation-pi-93-067.md
- **app url:** https://regulus.evalyn.ai/document/phmsa-interpretation-pi-93-067
- **source url:** https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/Pipeline/1993/PI93067.pdf
**body:**

<<<PAGE 1>>>

December 30, 1993
This is in response to your correspondence of October 15, 1993, requesting guidance on whether
certain professionals in "office positions" meet the criteria for being included in the random drug
testing pool prescribed by 49 CFR Part 199.
Your correspondence indicates that certain professionals take an active role in assessing
conditions and assisting in the formulation of a plan to investigate or correct an emergency
situation. Although they may direct others in the repair process or in the taking of samples, etc.,
they do not perform the work themselves. Your understanding is that persons are in the random
pool only when emergency-response personnel are either working in a customer service type
capacity, such as "receiving and classifying events" or when these individuals must actually be "on
the pipeline" when responding to emergencies.
Your correspodence does not clearly identify the functions performed by the "professionals" in
your offices who assist in emergency-response functions or investigative procedures. However, a
person is subject to drug testing under Part 199 when that person performs on a pipeline or LNG
facility an operation, maintenance, or emergency response function that is regulation by 49 CFR
Part 192, 193 or 195. Persons that serve in supervisory or management capacity are not exempt
from testing under Part 199. However, such persons are subject tot testing only if they actually
perform a regulated operation, maintenance, or emergency-response function. Merely directing
the work of others who perform these regulated functions is not an activity that qualifies a person
for drug testing under Part 199.
The issue concerning customer service type individuals can best be explained in the following
manner. The primary regulation in Part 192 that concerns an operator's response to a pipeline
emergency is 192.615. Under this section, an operator must have procedures for receiving
notices of events that require immediate response by the operator. Among such events is the
smell of gas by a customer. Therefore, any employee who is responsible for answering the
telephone or monitoring radio alarms, and then taking notices from customers as a consequence
of performing those activities, is performing a function involved in an operator's response to a
pipeline emergency and is subject to drug testing. "Taking notices" is defined as writing down the
information on a permanent record or form. An employee who merely answers the phone and
refers calls to another employee would not subject the first employee to drug testing, but would
subject the latter employee taking notice of the event.
If you need additional information about what might constitute performing an emergency-
response function, please provide more specific information about the individual's job
requirements.
dal/199.3 1
93-12-30.2

<<<PAGE 2>>>

Thank you for your inquiry. Please let me know if you need additional information about our
drug testing requirements.
Sincerely,
Richard L. Rippert
Drug Compliance Coordinator
Office of Pipeline Safety
Compliance
dal/199.3 2
93-12-30.2
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